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A . Eighty percent (80 % ) of the monthly revenue generated by Contractor under this
<br /> Agreement shall be retained by Contractor and twenty percent (20 % ) of the monthly revenue
<br /> generated by Contractor under this Agreement shall be remitted to the County based on
<br /> participation/attendance of 0 to 20 divers per each dive group per month .
<br /> B . Seventy percent ( 70 % ) of the monthly revenue generated by Contractor under this
<br /> Agreement shall be retained by Contractor and thirty percent ( 30 % ) of the monthly revenue
<br /> generated by Contractor under this Agreement shall be remitted to the County per each dive
<br /> group , based on monthly participation/attendance exceeding 20 divers per each dive group .
<br /> C . The Contractor acknowledges and agrees that it shall not artificially divide the participants
<br /> into dive groups that are fewer in number than 20 members .
<br /> 5 . 3 . Swim- n- Dive Lessons . Seventy percent ( 70 % ) of the monthly revenue generated by
<br /> Contractor under this Agreement shall be retained by Contractor and thirty percent (30 % ) of
<br /> the monthly revenue generated by Contractor under this Agreement shall be remitted to the
<br /> County, based on participation/attendance of each individual participant in the swim- n-dive
<br /> lessons per month .
<br /> 5 . 4 . Payment , The Contractor acknowledges and agrees that : ( a ) all of the fees due under
<br /> this Agreement are based on the number of participants per month during the term of this
<br /> Agreement ; ( b ) all fees are due and payable not later than five ( 5 ) business days after the last
<br /> day of the immediately preceding month for each month during the term of this Agreement ;
<br /> and (c) all remittances to the County shall be accompanied by a written report that contains
<br /> sufficient detail to allow the County to reconcile or audit such reports . The County reserves
<br /> the right to audit the books and records of Contractor in connection with the Services
<br /> provided by Contractor under this Agreement .
<br /> 6 . INDEMNIFICATION and WAIVER OF CLAIMS , The Contractor assumes all risks and
<br /> agrees to indemnify fully and save and hold harmless the County, its officers , employees , and
<br /> agents , against all claims , damages , losses , judgments , liabilities , accidents or injuries to
<br /> person (s ) or property, and causes of action , including reasonable attorney' s fees and court
<br /> costs , arising out of, or caused directly or indirectly, by the conduct, acts , omission , or
<br /> negligence of any participants in the event, the Contractor, its visitors , agents , and
<br /> employees . The County, its officers , employees , and agents , shall not be liable for, and
<br /> Contractor hereby releases all claims for, damages to , or loss of, personal property sustained
<br /> by the Contractor, its visitors , agents , and employees , or any person claiming by or through
<br /> the Contractor, resulting from any fire , accident , occurrence , theft , or condition in or upon the
<br /> Facility or the North County Regional Park facilities of which it is a part , or of adjoining or
<br /> contiguous property , facilities , or buildings , provided such are not due to the sole negligence
<br /> of County, its officers , agents or employees .
<br /> 7. CANCELLA_TION_._The iCountYrgserves the-fight t©-Aernijfiate lbis__Agreement�by. giving=-
<br /> ��� thirty (30 ) days notice , in writing , of the intention to terminate , if at any time the Contractor
<br /> fails to abide by or fulfill any of the terms and conditions of this Agreement. The County also
<br /> reserves the right to terminate this Agreement for the convenience of the County , with or
<br /> without cause . The County may terminate this Agreement in whole or in part if the Contractor
<br /> submits a false invoice to the County.
<br /> 8 , COMPLIANCE WITH LAWS . Contractor agrees to comply with all Federal , State , and
<br /> local laws and regulations applicable to the furnishing of any labor or and Services set forth
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